Quote:
Originally Posted by Shiva_TD
The introduction to Article I Section 8 is not an enumerated power except in the context that it authorizes congress to lay and collect taxes to finance the enumerate powers that follow the introduction. It is through the carrying out of its enumerated powers that congress provides for the general welfare.
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I don't really know how you can take it upon yourself to interpret the Constitution. The introduction to Article I Section VIII is very clearly written and grammatically, it's in list format, Shiva--there's nothing to interpret.
"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts
and provide for the common defense and general Welfare of the United States"
They'll have the power to lay and collect taxes, duties, etc. what have you,
and provide for the common defense
and welfare of the United States. That's very clear. It's a list and that [the welfare of the United States] is a separate item from the other items related to taxation.
Quote:
Originally Posted by Shiva_TD
As you note in your definition of welfare "happiness" is one of those. So if someone is happy smoking pot then it meets the criteria of welfare.
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The happiness of the individual is not nearly as important as the safety, security, order and happiness of the
collective populace and society in general. "Happiness" may be one of the listed qualifications, but the context is far more important--and there's a balance to maintain as well. One could very well claim that stealing makes them "happy" couldn't they? One could claim that speeding and driving recklessly in a car makes them "happy" couldn't they? And for some it probably does. There are good reasons for all of these things being illegal. They violate the rights of those
around the individual committing the offense. Citizens who are not ingesting a substance that screws with human brain chemistry and who are not experiencing unstable and potentially outwardly dangerous side-effects such as those I mentioned before take priority. Their "happy" activities don't violate the rights of other citizens. Smoking weed does. It presents a definitive and unnecessary risk to people around the user, it's socially unpleasant to those who don't want to deal with it, and the more intense side-effects render the individual experiencing the effect of the drug unpredictable at best. That doesn't fit under the context of "happiness" just like speeding in a car wouldn't.